TERMS

RENTAL TERMS.

We are so excited you have chosen to rent out our space. Below is an overview of the terms and conditions for renting our space, which we have in place so that we can ensure all clients have a seamless experience. If you have any questions, do not hesitate to reach out to us at studio@artistuprising.com. Where you see “Company” below, that means ArtUp Studios LLC, doing business as Artist Uprising Studios. “Premises” includes the studio, parking area, and all equipment, props, furnishings, fixtures, and amenities located in the studio. The “Renter” is you, the person or entity renting the Premises.

 

MANDATORY PROVISIONS.

Booking the Premises through www.artistuprisingstudios.com constitutes your acknowledgment of, and agreement with this Rental Agreement and Terms of Studio Use ("Agreement"). Any FAQs or other information posted to http://www.artistuprisingstudios.com are fully incorporated into this Agreement which serves as a legal document governing your reservation and rental of the Premises. RATES. Rental rates are set by the most current version of the rental rates and/or pricing list in effect at the time of booking. Renter agrees to pay said rental rates and charges for studio and event facilities rentals, studio labor, cleaning, services, equipment, props and amenities. Any other rates, charges, or costs associated with any rentals or services not listed online will be furnished upon request.

 

ADDITIONAL CHARGES.

Renter acknowledges all additional charges listed on the website that may be imposed and the amounts that Renter will be liable to pay Company for Renter’s additional use(s) of the Premises. For example, Renter agrees to pay an additional $250 for all shoots with more than 15 people present at the Premises. Renter also agrees to pay a late fee of $10 per minute beyond a 5-minute grace period for late arrivals. Other additional charges may include, without limitation, overtime charges, labor charges, cleaning and waste removal charges, painting and repair charges, and any other charges determined by Premises.

 

PAYMENTS, DEPOSITS & RESERVATIONS.

In order to confirm and hold a reservation, all rental fees, plus any refundable deposits must be paid in full at the time of booking. In the case of additional charges, these fees will be paid via the credit card on file. Your rental time begins and ends promptly at the start and end times designated in the booking confirmation. Your reservation time slot includes set up, break-down, and clean-up. The company reserves the right to charge up to a 4% processing fee for all credit card transactions.

 

CANCELLATION & REBOOKING:

All cancellations by Renter must be submitted in writing or by email. Cancellations of bookings by Renter will result in the following charges: 48 hours or more: A booking that is canceled more than 24 hours prior to the booking date and time, the renter will receive studio credit or the ability to reschedule. Cancellations made less than 24 hours prior to the booking date and time will be charged the full basic cost of the total studio rental or event rental. If Company must cancel Renter’s reservation, Renter will be given, in Company’s sole discretion, either rescheduling priority or a full refund. If cancellation is made between 24 hours and 48 hours prior to the booking time and date, the ability to reschedule Renter's studio time is at Company’s discretion. In this case, you may rebook your reservation at no additional charge, and you will receive a credit for the number of hours originally booked to be used at the new rental date and time. Your credit does not expire and can be applied towards a future reservation at the Premises. Credits for reserved hours cannot be split up and used separately. For example, if you rebook a 3-hour time slot, you will get one 3-hour credit and not three 1-hour credits to be used at a later date and time.

 

LENGTH OF USE & LATE FEES.

Rental periods are pre-arranged at the time of booking. Renter’s rental time begins promptly at the designated reservation time and ends promptly at the designated ending time. Time includes set up and break-down. Rental periods are between the hours of 7:00 AM and 9:00 PM, Monday through Sunday unless otherwise noted and agreed upon by Company. Extended hours may be available upon request and must be paid in advance before the rental period begins. The Premises are also available on holidays upon request. Rental fees and reservation time slots for studio rental and event space rental may be found at www.artistuprisingstudios.com. Hourly overtime charges will be imposed for scheduling and use of the Premises before 7:00 AM and or after 9:00 PM. If a Renter is late, the actual arrival time of the Renter does not change the reservation start time, therefore, if a Renter arrives later than the reservation start time, the start time nor the end time will not be changed, and late fees will apply. The late fee is calculated by how many minutes past the reservation end time that the Renter vacates the Premises. The late fee is $10 per minute every minute past the original reservation time period, which includes a 5-minute grace period. The card on file will be charged the late fee the following day. For example, let's say you book a 1-hour studio rental ending at 10:00 AM and leave at 10:20 AM. You will be charged a late fee of $150 (15 minutes past the grace period at $10 per minute).

 

CLEANING, TRASH & DAMAGE:

Renter agrees to leave the Premises and all contents, fixtures, furnishings, equipment, amenities, and props in the same condition as they were when Renter arrived. The studio must be cleaned and vacated by the end of the rental period. No prior drop-off of Renter's own equipment or props before the rental period or pick-up after the rental period is allowed unless such additional time is agreed to and paid for prior to the beginning of the rental period. The Company will dispose of trash collected in the supplied disposal bins. All items brought to the Premises by Renter are to be removed by Renter. Disposal of large amounts of garbage due to large sets may accrue additional costs. Renter items left after 7 calendar days will be assumed abandoned and will be discarded or kept by the Company for Company use at Company's discretion, with no compensation due to the Renter. If Renter does not return Premises to the order and cleanliness found when Renter arrived, Company will charge at minimum a $50 cleaning fee. If you will be bringing in more than 15 people during your booking, there is a mandatory $250 cleaning fee. Renter is responsible for any damage to the Premises during the booking period from the time access to the Premises is granted to the Renter, including spills, scratches, excessive wear, marks, or stains on equipment, props, amenities, fixtures, floors, or painted surfaces. Once you access the Premises, contact the Company immediately if you feel there is damage to the Premises that we should be aware of. Equipment and props must be returned to their proper storage place. Props damaged by Renter will incur a cleaning or replacement fee based on damage. Any damage done to walls will incur a minimum charge of $200 and a maximum charge of $400. This fee is to shut down the studio and repair walls. See policy for wall procedure.

 

STUDIO RULES & USE RESTRICTIONS

  • No smoking or vaping whatsoever is allowed in the building or within 30 feet of the building exterior.

  • No open flame of any kind.

  • Fireworks of any kind, including sparklers, are prohibited.

  • All projects involving smoke machines of any kind must have Company approval prior to booking the Premises.

  • Please estimate the total number of people in your event. Ask ahead if you have a group larger than 15 people. Renter may bring up to 25 people for photoshoots, and up to 75 people for events. If you will be bringing in more than 15 people during your booking, there is a mandatory $250 cleaning fee.

  • Children must be supervised at all times.

  • No pets allowed without prior consent of Company.

  • When pets are allowed on the Premises, Renter is responsible for any damage or destruction caused by Renter's pets.

  • Set-up, breakdown and cleanup fall within the reservation period. It is Renter's responsibility to accommodate time for and to execute setup, breakdown, and cleanup to avoid additional charges and fees.

  • Renter may not sublease the Premises to any third party under any circumstances.

  • Renter will pay all fees for late arrival.

  • Company is not responsible for lost items.

  • If you leave personal items, equipment or props at the Premises, Company may dispose of your property if the property is left at the Premises for more than 7 calendar days from booking time, regardless of property's value.

  • Leaving vehicles on the Premises overnight is prohibited.

  • Striking needs of any kind may result in additional fees.

  • Studio is not responsible for the quality of lighting as a result of weather conditions.

  • Nails, tacks or staples may not be used on the walls or any surfaces in the Premises.

  • If tape is used, it must be painter’s tape.

  • Also, no glitter or confetti of any kind is allowed anywhere on the Premises. Usage of these items will result in additional fees being charged to the credit card used for booking the studio or event rental.

  • You are responsible for any damage that occurs on the Premises within your rental booking period.

  • Illegal drugs, firearms, explosives, nude photography, pornography, and boudoir-style shoots are prohibited. Company reserves the right to immediately cancel the reservation without refund if such activity occurs.

  • Explicit sexual activity is strictly prohibited.

  • Music is to be kept at reasonable levels and not contain vulgar or offensive lyrics.

  • No one will be admitted to the Premises who is drunk or under the influence of illegal substances.

  • Food and drink must stay in the designated areas.

  • Company may monitor all activities at the Premises.
     

CONDUCT:

This is a shared studio, and we maintain a professional environment. Renter will be solely responsible for the conduct and welfare of all persons accompanying Renter while on Company’s Premises. Renter agrees and acknowledges that a Company may, at Company’s sole discretion, be present at all times. If Company observes or otherwise becomes aware of dangerous, illegal or negligent practices or activities, or violation of this Agreement, Company reserves the right to stop the activity and may require Renter and Renter’s party to leave immediately. In such case, no refund will be given for unused time. However, Company and its representatives assume no responsibility to act in such cases.

 

VIDEO SURVEILLANCE:

Renter agrees and acknowledges that Company may conduct video surveillance of any portion of its Premises at any time, with the exception of private areas such as restrooms, showers, and dressing rooms. Video cameras will be positioned in appropriate places within and around the Premises and used in order to help promote the safety and security of people and property.

 

INTELLECTUAL PROPERTY:

Except as the Parties may otherwise expressly agree in writing, each Party will continue to own its existing patents, trademarks, copyrights, trade secrets, and other intellectual property, without conferring any interests therein on the other Party. Without limiting the generality of the preceding sentence, Company will retain all rights, titles, and interests arising under the applicable laws, rules, and regulations in and to all intellectual property rights associated with the Premises and services provided therefrom (collectively, “Company's Intellectual Property”). Neither Renter nor any third party will acquire any right, title or interest in Company Intellectual Property by virtue of this Agreement or otherwise, except to the extent expressly provided herein.

 

FOOD, ALCOHOL & BEVERAGES

Minimal catering is allowed. Please be mindful to clean up after yourselves and throw away all trash before you leave. If you need assistance with catering options, we are happy to give you some local recommendations. All catering must be arranged and provided by the Renter. No cooking of any kind is permitted inside or outside the Premises. Propane, gas burners, hot plates or BBQ equipment are not permitted. Small stereo devices are allowed. Alcoholic beverages may only be served inside the Premises. If alcoholic beverages are served, Renter accepts all responsibility for loss or damage as a result of such service and indemnifies Company against any and all claims of injury or damage as a result of such service. It is the responsibility of the Renter to not serve alcohol to minors or to allow an excess intake of alcohol by any attendee. Company reserves the right to prohibit or halt alcohol service should it be judged necessary to protect the Premises or the safety of visitors. Alcohol cannot be sold or provided, either directly or through a charge or at no charge, without a proper permit, to be arranged and displayed by the Renter. Professional bartending services must be licensed with the Texas Alcoholic Beverage Commission and must provide proof of liability insurance upon request. In addition, Company requires either a security guard or Company staff member to be present onsite throughout the duration of alcohol service. A Company staff member is $25 an hour, while the average cost to hire a security guard $25-$35 an hour. Let us know if you need assistance with hiring a security guard. All costs for staff members and security guards will be billed as an additional cost to the rental fee. Finally, alcoholic beverages may be carried outside the Premises, but no glassware or bottles are allowed outside the Premises.

 

INSURANCE:

Renter is required, prior to rental, to present a certificate of general liability insurance naming Company as additionally insured on the dates of the rental. Renter’s liability insurance will be deemed primary and non-contributory insurance in the event of any claim or suit. Liability insurance will be Commercial General Liability with a minimum of $1,000,000 per occurrence and general aggregate.

 

AGE OF MODELS:

Renter is solely responsible for verifying that all photographic subjects are of legal age. Company has no responsibility to determine or verify the age of participants in the renter’s activities but reserves the right to demand proof of parental consent if models or photographic subjects are under the age of 18 and to end those activities if Company becomes aware that legal age violations are occurring. Company is not liable in the case of an invalid ID or any other form of age verification.

 

EQUIPMENT & AMENITIES:

Company agrees to provide equipment, props, furnishings, fixtures, and amenities in good working order, but makes no special guarantees as to functionality or suitability to Renter’s purposes. Renter will notify Company immediately of any malfunction, damage or other issues with equipment and amenities.

 

COMPANY SERVICES:

Company offers various creative services to the public. If Renter desires to hire Company to provide creative services, such pricing, terms of services, and agreement will be provided to Renter upon request.

 

RENTER LIABILITY & INDEMNIFICATION:

Renter agrees to abide by all local, state and federal laws, including ordinances and agency requirements, while on the Premises and to hold Company harmless for any violations, claims, damages, actions related to any acts or omissions committed under the terms of this Agreement. Renter agrees to hold Company harmless from and against all claims, damages, losses, or injuries related to the rental and this Agreement. Renter is responsible for any and all loss or damage to the Premises or Company property during the rental period. Company may apply the damage deposit to cover any such loss or damage and will provide Renter with an itemized statement of charges. Renter hereby agrees, at Renter’s sole expense, to indemnify, defend, and hold Company or its officers, employees, and volunteers, free and harmless from any loss, claim, liability, damage, cost (including reasonable attorney’s fees), or injury (including death) to persons and property that in any way may be caused, in whole or in part, by or occur during Renter’s use or occupancy of the Premises, or by any act or omission of Renter, its officers, agents, employees or subcontractors. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity, and will survive termination or expiration of this Agreement.

 

NO LIABILITY FOR LOSS OR DAMAGE; LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE TO RENTER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR THEFT, LOSS, OR DAMAGE, PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO RENTER’S USE OF THE PREMISES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY TO RENTER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE PREMISES OR OTHERWISE UNDER THIS PARAGRAPH OR AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) UP TO FIFTY PERCENT (50%) OF THE TOTAL COMBINED RENTAL FEES REMITTED BY RENTER DURING THE AGREEMENT MADE THE SUBJECT OF ANY DISPUTE; OR (B) $1,000.00 EACH PROVISION OF THIS PARAGRAPH THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THE AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE AGREEMENT. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND WILL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT. DISCLAIMERS; NO WARRANTIES: COMPANY’S SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO COMPANY'S SERVICES, INCLUDING (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. RENTER HAS NOT RELIED UPON ANY INFORMATION, PROMISE, REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING COMPANY'S SERVICES, WHETHER MADE BY COMPANY, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, PROMISE, REPRESENTATION OR WARRANTY REGARDING COMPANY'S SERVICES. HOWEVER, COMPANY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT COMPANY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

 

FORCE MAJEURE:

Force Majeure will mean acts and events, not within the parties’ control, and which the party has been unable by the exercise of due diligence to avoid or prevent. Events of Force Majeure include but are not limited to the following: power outages; mechanical failures; acts of God; strikes; lockouts, or other industrial disputes; epidemics; pandemics; civil disturbances; mandatory evacuations; acts of domestic or foreign terrorism; wars within the continental United States; riots or insurrections; landslides, lightning, earthquakes, fires, storms, floods, tornados, hurricanes or washouts; declarations of emergencies by applicable Federal, State or local authorities; governmental orders; explosions; and breakage or accident to machinery. If either party is rendered unable, wholly or in part, by Force Majeure to carry out any of its obligations under this Agreement, it is agreed that on such party’s giving written notice and full description of Force Majeure as soon as possible, but not later than 3 days after the occurrence of the cause relied upon, the obligations of the party giving such notice, to the extent that it is affected by Force Majeure, will be suspended during the continuance of the Force Majeure. If the use of the Premises by Renter is prevented in whole or in material part by an event of Force Majeure, either party may terminate this Agreement upon written notice. Renter agrees that its exclusive remedy in the event of termination under this paragraph will be a refund of the unearned portion of the deposits and fees paid by Renter hereunder prior to the termination. Except for such refund, Company will not be responsible to Renter for any damages caused by such termination, and Renter hereby releases and waives all claims against Company and its officers, owners, employees, agents, and affiliates for any cost, loss, expense, liability, or damages sustained by reason of such termination.

 

SEVERABILITY; ENTIRE AGREEMENT:

If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. This Agreement constitutes the entire agreement between Renter and Company and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.

 

WAIVER OF CONTRACTUAL RIGHT:

The failure of either party to enforce any provision of this Agreement will not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

 

GOVERNING LAW; ARBITRATION; ATTORNEY FEES:

If the parties are unable to resolve any controversy or claim arising under this Agreement, they agree to submit the dispute or claim to binding arbitration subject to the commercial arbitration rules of the American Arbitration Association. This arbitration will take place in Dallas County, Texas. The parties further agree that any such controversy or claim will be submitted to one arbitrator selected from the panels of arbitrators of the American Arbitration Association. Each party will be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $10,000. This Agreement will be governed by the laws of the State of Texas and the jurisdiction of any claim or proceeding will be in Dallas County, Texas. If any legal action is commenced or maintained in court, whether in law or in equity, by any part to this Agreement as to the interpretation, enforcement, construction or the determination of the rights and duties of the parties to this document or any document provided herein, the prevailing party in any such action will be awarded its reasonable attorneys’ fees together with all reasonable costs and expenses incurred in such action. Company may take further legal action to collect a judgment as it deems necessary.